Request By:
David C.L. Bauer,
The Daily News
P.O. Box 90012
Bowling Green, Kentucky 42102-9012Timothy D. Mefford, Esq.
109 South Main Street
Franklin, Kentucky 42134
Opinion
Opinion By: Chris Gorman, Attorney General; Thomas R. Emerson, Assistant Attorney General
OPEN MEETINGS DECISION
This matter comes to the Attorney General on appeal from the action of Timothy D. Mefford, Esq., counsel for the Franklin-Simpson County Planning and Zoning Commission. Mr. David C.L. Bauer, City Editor, The Daily News , requests that the Attorney General review the decision of Mr. Mefford relative to the newspaper's request to be notified of special meetings of the Franklin-Simpson County Planning and Zoning Commission.
In a letter to the Commission, dated July 20, 1992, Mr. Bauer requested that, pursuant to the new provisions of the Open Meetings Act, The Daily News be notified of special meetings of the Commission.
In a letter to Mr. Bauer, dated August 6, 1992, Mr. Mefford cited KRS 61.825 and said in part that only local news agencies are entitled to notice of special meetings. He further stated that the newspaper would not be given notice of special meetings of the Commission.
In a letter to the Attorney General, dated and received August 7, 1992, Mr. Bauer cites Section 6 of the Open Meetings Act, pertaining to special meetings, and requests a review of Mr. Mefford's refusal to notify the newspaper of special meetings of the Commission.
The Kentucky Open Meetings Act (KRS 61.805 to KRS 61.850) was substantially amended by the 1992 Regular Session of the Kentucky General Assembly (House Bill No. 16, Chapter 162, 1992 Acts), effective July 14, 1992.
KRS 61.825 formerly dealt with special meetings and provided in part that written notice of special meetings be delivered to "each local newspaper of general circulation" which had on file with the public agency a written request to be notified of special meetings. KRS 61.825 was repealed by Section 9 of House Bill No. 16.
Section 6 of House Bill No. 16 is the new section of the Open Meetings Act relative to special meetings. Paragraph (4) (a) of Section 6 provides as follows:
As soon as possible, written notice shall be delivered personally, transmitted by facsimile machine, or mailed to every member of the public agency as well as each media organization which has filed a written request, including a mailing address, to receive notice of special meetings. The notice shall be calculated so that it shall be received at least twenty-four (24) hours before the special meeting. The public agency may periodically, but no more often than once in a calendar year, inform media organizations that they will have to submit a new written request or no longer receive written notice of special meetings until a new written request is filed.
While the old statute did refer to a local newspaper of general circulation, the new provision merely refers to each media organization which, obviously, includes any newspaper wherever it may be located. The attorney for the Commission has based his decision upon a statutory subsection which has been repealed and he has apparently not considered the newly enacted provision.
The attorney for the Franklin-Simpson County Planning and Zoning Commission has violated the newly enacted provisions of the Open Meetings Act by his refusal to notify the newspaper of special meetings of the Commission after the newspaper submitted a proper request form pursuant to Section 6 of House Bill No. 16 (Chapter 162, 1992 Acts). The Commission is legally obligated to notify the newspaper of any and all special meetings of the Commission.
The planning and zoning commission and its legal counsel may challenge this decision by filing an appeal with the appropriate circuit court within 30 days from the date of this decision. See House Bill No. 16 (Chapter 162, 1992 Acts), Section 7, subsection (4) (a), and Section 8.